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Friday, August 2, 2013
Pakistan: Its time CJ Chaudhry resigns, says Khuhro
http://mediacellppp.wordpress.com/Consultations with political parties on new local government system are in process and new draft will be prepared with consensus. Pakistan People’s Party (PPP) leader and Senior Education and Literacy Minister, Nisar Ahmed Khuhro said on Wednesday while talking to journalists after attending the inauguration ceremony of videoconference room at Dawood University. “It will be a new LG system of 2013,” he said, adding that the new LG system will be presented before Sindh Assembly for approval after developing consensus. The minister said that the new LG system will be prepared in light of ground realities. The positive points of both, 1979 LG system and SLGO, 2001 will be included in the new system, he added. He said that the new system will be acceptable to people of the province. Responding to a question about a possible alliance with the MQM, he said that the government has kept its doors open for the MQM as it does not believe in solo flight. He denied the emergence of a forward block in the PPP, and said that these are just rumours. To a question about resignation of Fakhruddin G Ebrahim he said that he should have resigned earlier when the apex court had changed schedule of the Presidential Election. “Now Chief Justice Iftikhar Mohammad Chaudhry should also tender his resignation for the same mistake”, he added. To another question he said that the Education Department has temporarily restored DDO powers of ADEOs of the department.
US EMPLOYERS ADD 162K JOBS; RATE FALLS TO 7.4 PCT.
What failed in Pakistan won't work in Egypt
Bahrain's Twitter Army Cracks Down on Dissent
Afghan children collect trash for money
CNN PRODUCER NOTE: Student Islamuddin Noor kept seeing young children collecting trash outside American University of Afghanistan in Kabul, so he started to get to know them and decided to share their story. He spent two weeks documenting the lives of 11-year-old Wajma, her family and her two friends, Rayeesa and Suwaspari, in April and May 2013. “[Wajma’s] life is typical of the street children in the city. She goes to a government school from 6 a.m. until 9 a.m. in the hope that one day she will be able to change the life she and her family are living. How can someone be capable of learning when their life is so full of hardship?” Noor said. Wajma’s family has seen much hardship. Her father used to work in a brick kiln, but he left the job when his asthma made the work too difficult. The family depends on the income that Wajma and her brothers make on the streets. Wajma picks up trash, and her brothers, Wakil, 12, and Basir, 7, fetch cabs for people. Wajma’s older sister was sold as a housekeeper at age 9, Noor said. As for why Noor, 24, wanted to tell the story of these young trash collectors, he said, “I hope to achieve help for Wajma, Rayeesa, Suwaspari and their family so that they can go to school and don't need to pick up trash and or being sold like happening to daughters in this country.”
Bangladesh's Jamaat Islami crimes exposed to new generation
Isolated and cornered
BY: Syed BashirThe High Court’s order cancelling the registration of the Jamaat-e-Islami has left the party with not many options. Specially if the Supreme Court turns down its appeal against the High Court order. The Jamaat will also have to get an immediate stay order to stop the Election Commission from implementing the High Court verdict — or else the Jamaat stands effectively debarred from contesting all elections including the one coming up for the parliament later this year or early next. At its hour of peril, the Jamaat actually finds itself totally isolated — bereft of friends and left to face its usual foes. Pakistan, to maintain whose unity the Jamaat fought and earned its share of notoriety by perpetrating horrible atrocities against its own people, has washed its hands off the Islamist party. Its foreign office has said: “Jamaat and what happens to it in Bangladesh is the internal matter of Bangladesh”. That in a way is a subtle admission of the atrocities that were committed in 1971 Liberation War, which the current Pakistani government is unwilling to get stained with. So leaving Jamaat to its fate works for Mian Nawaz Sharif perfectly. He is himself uncomfortable with the Pakistan army which brought down his government in 1999 and would not like to get entangled with 1971 war crimes because that is bad publicity for Pakistan, when it seeks to project itself as a key ally of the West in the war against terror. Sharif may still not consider putting out a public apology to Bangladesh for the horrendous atrocities of 1971 because that may upset the army once again which he cannot afford. But why stand up for Jamaat! Not the least because it is hardly popular in Bangladesh and never stands a chance of coming to power on its own. Why add to Pakistan’s own unpopularity, which is expectedly profound in Bangladesh by standing up for Jamaat! Sharif is smart enough to see through that. Now to Jamaat’s domestic allies. BNP and its top leaders may cry foul of Bangladesh’s justice system as being undermined by the ruling Awami League — whipping that up serves its campaign against the ruling alliance. But the BNP has no great reason to come out in support of Jamaat and defend its case for registration.Since Bangladesh returned to democracy from military rule in 1991, the BNP has needed the Jamaat to win elections because of the decisive vote bank the Jamaat enjoyed. But the Jamaat’s controversial wartime baggage has been becoming a huge liability for the BNP as it jockeys for power in a country which has upturned ruling governments every term since 1991. What happens if the Jamaat fails to contest if its registration is not restored? Will a Jamaat voter vote Awami League! Perhaps never. The Jamaat voter, like all hardline Islamists in Bangladesh, will have no choice but to vote for BNP in an electoral contest. So the BNP is not expected to make much noise on the Jamaat losing its registration except for the general critique of the ‘justice system under a government using it’ — that would expectedly be one of the many issues the BNP would raise in its litany of complaints against the ruling party. But much like having to support ‘on principle’ the war crimes trial (though calling it a farce to undermine the government), the BNP is not expected to go to town in a big way on the Jamaat losing its registration. In private, many BNP leaders, specially the freedom fighters in their ranks, are happy this has happened. The BNP is now free to fight the Awami League on its own terms, without having to carry a controversial ally who has failed to find a place in the heart of the nation. Quite literally. What about other Islamist groups who would normally be seen as blood brothers of Jamaat! Many of them including the Hifazat-e-Islam would love to see what has happened, because it frees the limited political space for hardline Islamist politics that Jamaat represented. With the Jamaat out of the scene, if that happens, the space for hardline political Islam is left vacant for others to jump in and capitalise on. In fact, some of these groups like the Hifazat may actually cash in on the Jamaat’s desire to keep that brand of politics alive in Bangladesh for obvious reasons by getting access to its considerable financial resources – at least until these groups have been able to carve out a space for themselves. In fact, the war crimes trials have exposed Jamaat to the new generation, Bangladesh’s GenNext. The media coverage of the trials have brought to this generation the sordid history of one of the most brutal repression campaign that gave birth to Bangladesh. A hard earned freedom any proud Bangladeshi will like to defend with every drop of his blood. Jamaat’s role in that war — being on the wrong side of history — will never enable it to find a place, as they say, in the heart of the nation. Even those who want to pursue hardline Islamist politics would like to do so without the 1971 baggage of Jamaat. That includes the younger generation of Jamaat leaders who want a party — perhaps a new one — which does not carry the foul odour of 1971 war crimes with them. And for the Awami League and its allies, the de-registration of Jamaat gives them a chance to whip up secular nationalist passions that had subsided after the Shahbagh platform was forcibly packed off by the government. Because revival of these passions seems to be the only way to beat the anti-incumbency trends that became evident in the five recent city corporation polls. So Jamaat now finds itself on the floor, alone and friendless. Will that force the party to go underground and become a terror group, as many in the US and other western intelligence have long feared? That’s a question only time can answer.
Afghanistan: US Drawing Down, Not Withdrawing Troops: Kerry
http://www.tolonews.com/At a press conference held in Islamabad on Thursday, US Secretary of State John Kerry reaffirmed that the US and some other countries have already made commitments to stay in Afghanistan beyond 2014 for fighting militancy and to provide assistance, training, advice and equipments to the Afghan National Security Forces (ANSF). In-spite of strong criticism over drone attacks by the Pakistanis, Kerry emphasised on intensifying such attacks in order to eliminate the insurgents from Pakistan's tribal belts. Meanwhile, Sartaj Aziz, Pakistan's National Security and Foreign Affairs Advisor assured that Pakistan will assist in paving the way for negotiations between the Afghan government and the Taliban. At a joint press briefing with the Pakistani National Security Advisor, Mr. Kerry stressed that the US and some other countries will have military presence in Afghanistan post-2014. He emphasised on the fact that Afghanistan at this juncture cannot be left alone. "The US is drawing down not withdrawing, there is a distinction. The President will announce the number of forces that he will commit for the US. Other countries have already committed certain number of forces, who will remain in Afghanistan for two purposes: Firstly, counter terrorism and secondly, to train equip and advise the armed forces of Afghanistan," said Mr. Kerry. While Pakistani officials strongly criticised the US drone attacks, Mr. Kerry justified the act by saying that such attacks have been very effective in eliminating the insurgents and refused to promise that US drone attacks inside Pakistan would stop and rejected the impression that the strikes were a violation of the country's sovereignty. "I know there are issues of sovereignty that are raised. I would simply remind all of our friends that somebody like al Qaeda leader Ayman al Zawahiri is violating the sovereignty of this country. And, they attack people in mosques, (they) blow up people in villages, in market places, they are violating the sovereignty of the country," added Mr. Kerry. Meanwhile, Pakistani foreign affairs and national security advisor Sartaj Aziz has assured that Pakistan will pave the way for talks between the Taliban and Afghan government. Mr. Aziz said that Pakistan will support an Afghan-led peace process. Although, the Taliban is not ready to join the negotiations, Mr. Aziz stressed that efforts are underway and will continue until success is achieved. Mr. Kerry mentioned that trilateral efforts are underway to check the movements of the insurgents from Pakistan and suggested the need for further expansion of such cooperation between Islamabad and Washington.
Contempt case: SC orders Imran Khan to resubmit reply till Aug 28
Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan reiterated his demand for detailed investigation and voters’ verification in the four constituencies in May 11 elections, and said that why he should apologize for contempt when he has not even committed it. Imran Khan was speaking to the media outside the Supreme Court building after the hearing of contempt of court case against him. He said that he stood by each and every word he said. He told that by “shameful” he meant that the returning officers did not fulfill their responsibility to conduct fair elections. He said that it was the first time he came to know that using the word “shameful” was abusive. Imran Khan repeated that he has not done anything wrong and that his criticism was confined to the conduct of returning officers, and said that he had said nothing that calls for punishment. Imran Khan said that PTI sacrificed the most for the restoration of sacked judges and that he can never imagine using disrespectful words against the higher judiciary. He said the independent judiciary has done some incredible work and he always respected the judiciary and rule of law. It is pertinent to mention here that the SC rejected Imran Khan’s rejoinder submitted in the contempt of court case and ordered yet again to submit his detailed statement by August 28. The court had given Imran Khan time till 11:30 am today to submit his second and revised reply today but rejected it once again, terming it “disappointing”. The court had termed his earlier response as “insufficient”. According to his revised response submitted in the court today, Imran Khan’s July 26 statement was not against the chief justice or the Supreme Court but he meant to criticize the role of the returning officers and district returning officers during 2013 elections. The court did not approve his second response as well and instructed his counsel Hamid Khan to submit a third and more heartfelt written response by August. 28. The court, then, adjourned the hearing till then.Contempt case: SC orders Imran Khan to resubmit reply till Aug 28
SC rejects Imran's second reply to contempt charges
The Supreme Court deemed Pakistan Tehreek-e-Insaaf Chairman Imran Khan’s verbal and written reply both as “insufficient” during the hearing of the contempt of court case, Express News reported on Friday.
The bench was headed by Chief Justice Iftikhar Muhammad Chaudhry and comprised of Justice Jawwad S Khwaja and Justice Azmat Saaed.
Imran’s lawyer arrived from the US last night, therefore a brief verbal response was delivered. The court expressed dissatisfaction over the verbal reply and adjourned the hearing till 11:30am (today) for a better, written response.
Imran and his lawyer were in court before the allotted time with the written two-paragraph reply.
In his reply he stated that he did not use the word “shameful” for the judiciary, rather for the presiding officer in the election process.
“Can such words be used for the judiciary?” asked Chief Justice Iftikhar Muhammad Chaudhry had earlier asked during the hearing.
CJ Iftikhar Muhammad Chaudhry added that since Imran is a leader and public figure, such words and statements are not expected from him.
Lawyer Hamid Khan said Imran had complaints regarding the Election Commission of Pakistan however Imran holds no disrespect for the court or the judiciary.
Imran stated that he and the party strongly support the judiciary and had worked hard during the movement for restoration of the judiciary.
“The restoration of the judiciary had been on my agenda. I had also spent eight days in jail for that”, said Imran in court.
The court deemed the replies as inadequate and allotted Imran’s lawyer, Hamid Khan three weeks time to submit a detailed written response.
Imran Khan had vowed on Thursday that he would stand by his stance, even if it meant he is sentenced and disqualified from being elected into the assemblies. The PTI chief asked if a citizen of Pakistan had the right to seek justice from the Supreme Court over the alleged rigging during the May 11, 2013 elections.
“If this is contempt, then I do not think they know the meaning of contempt.”
Pakistan: No headway: YouTube to remain blocked until filter applied
LeT, TTP, al Qaeda violating Pakistani sovereignty: Kerry
http://www.pakistantoday.com.pkUS Secretary of State John Kerry on Thursday said terrorist groups such as Lashkar-e-Tayyaba (LeT), Tehreek-e-Taliban Pakistan (TTP) and the al Qaeda were violating the sovereignty of Pakistan. “Pakistan faces a very serious threat. The LeT, TTP, al Qaeda and the Haqqani network attack and kill people in mosques. They blow people up in market places,” Kerry told senior anchor Hamid Mir in an exclusive interview. Asked about US drone attacks, the US secretary of state said drone strikes were conducted in the defence of the United States. “We are engaged in counter-terrorism for self-defence. We are very appreciative of Pakistan and understand the powerful feelings about any of these efforts.” Kerry added that terrorist activity in Pakistan was taking place before drones and in areas where there were no drone attacks. “Blowing up women and children can never be excused.” Kerry said the release of Dr Aafia Siddiqui was not raised. “People in Pakistan will feel very good about it (Dr Aafia’s release) but we have a legal situation which we have to analyse.” He also told Mir that the US was decreasing and not completely withdrawing its forces from Afghanistan. “Not every single soldier will leave in 2014. We have been very clear about that. We are not withdrawing, we are drawing down.” Speaking on the situation in Egypt, Kerry said Muhammad Morsi was ousted on the will of the people, adding that the US was against violence in Egypt and had spoken to the Egyptian army chief personally regarding the matter. - See more at: http://www.pakistantoday.com.pk/2013/08/01/news/national/let-ttp-al-qaeda-violating-pakistani-sovereignty-kerry/#sthash.6cYE7Ehs.dpuf
Contempt hearing: Imran Khan's counsel seeks time to furnish detailed reply
If Imran Khan is Disqualified
Pakistan: Ahmedis banished from place of worship
http://ahmadiyyatimes.blogspot.com/Ahmedis in Fatehpur, Gujrat district, have been banished from their own place of worship in Ramazan and fear that they will be deprived of the property by the local government and clerics. On July 11, the first day of Ramazan, a group of Sunnis beat up the Ahmedis and kicked them out of the place of worship, telling them not to return, according to members of the Ahmedi community. The Ahmedis filed a complaint with the police for the registration of an FIR against the assailants. The police did not register a case, nor heeded their request for protection. Instead, they sealed the place of worship, which is located on a four-marla plot, “because of concerns of a clash,” Dolatnagar SHO Riaz Qadir told The Express Tribune. He said that previously, both Sunnis and Ahmedis had prayed there. In fact, the members of the two communities are related. The place of worship is located on four marlas within an eight-kanal property owned by an Ahmedi family which they were allotted when the Revenue Department conducted a consolidation exercise, known as ‘ishtimal’, some 20 years ago. Such land consolidation exercises are carried out every so often when inheritance laws result in the non-contiguous division of land holdings between heirs. Police and revenue The SHO said that according to the Revenue Department record, the building had been a Sunni mosque, but had been transferred to Ahmedis around 20 years ago. He said that the Sunnis were now claiming ownership of the place as a Sunni mosque. The SHO said that he had seen the Jamat-i-Ahmadiya’s ownership document for a four-marla property within that eight-kanal parcel, but the document did not specify where exactly within that eight kanals the four-marla property was located. He said that the question of ownership had been referred to the National Interfaith Peace and Harmony Committee and the property sealed in the meantime, with the approval of the district coordination officer. He said that the Sunnis had agreed to this, but the Ahmedis had not. Asked why no assault case had been registered on the Ahmedis’ complaint after members of the community were beaten up and thrown out of the place of worship on the first day of Ramazan, the SHO said that since no blood had been spilt, there could be no FIR. Land record The eight kanals within which the four-marla property is located is owned by Tahir Hameed, who inherited the land from his father. Hameed, 18, said that his father had donated the four-marla property to the Jamat-i-Ahmadiya to build a place of worship, which they named Baitul Zikr. “Ahmedis have been praying there since before I was born,” he said. He said that on the first of Ramazan, Munir Shah, Ahmed Raza, Maulvi Shabbir and others had attacked his brother Qamar Hameed and his cousin Adnan Ahmed and forced them out of the worship place. He said his brother and cousin had been beaten up. He said they were under severe threat from locals and had been told to disown the property. “Some extremist clerics have turned the locals against us and are trying to dislodge us,” he said. Hameed said that the community had no faith in the Interfaith Peace and Harmony Committee, which is why they did not accept its role in arbitration. When contacted by The Express Tribune, Asim Imtiaz, the vice president of the committee, said that he was at the patwari’s office and trying to establish the ownership of the disputed land. He said that the four-marla property appeared to have been transferred to the Jamat-i-Ahmadiya by the patwari “by mistake”. He added that he was hopeful the dispute would be resolved and the property “would be given to Muslims”. Tanveer Ahmed, another member of the Ahmedi community in Fatehpur, said that local clerics had been making worrying announcements in the mosques of nearby villages and he feared that there would be mob attacks on Ahmedis. He said that Ahmedis did not trust the committee to remain impartial on the matter. “The Jamat-i-Ahmadiya has ownership documents for the property,” he said. “It is the responsibility of the police and the state to follow the law in settling the matter.”
Muslim killers of Gojra Christians walking free; 4th anniversary of Gojra carnage
http://www.pakistanchristianpost.com/On 4th anniversary of Muslim mob attack on Gojra Christian Town when more than 60 homes were destroyed and 8 Christian children, women and an elder were burnt alive , the killers are walking free in streets of Gojra City mocking justice and victims in Pakistan. In a press note, The Central Secretariat of Pakistan Christian Congress PCC issued statement of PCC Chief Dr. Nazir S Bhatti expressing grave concerns said that it seems that Christian in Pakistan will never be ensured justice. On August 1, 2009, Muslim mob attacked Christian Town in Gojra City setting on fire more than 60 homes of Christians and burning alive 8 children, women and elder in presence of police on accusation of blasphemy incident occurred in nearby village Korian where dozens of homes of Christians were destroyed when torn pages of Holy Quran were found in front of home of one Christian on July 30, 2009. The FIR was registered burning alive Christian against unknown persons while another secret FIR was lodged in which 129 Christians and 200 Muslims were nominated to pose Muslim mob attack as communal riots. Pakistan Muslim League Nawaz was ruling Punjab and Chief Minister Punjab Mian Shahbaz Sharif assured Christian that justice will be ensured and culprits will be punished. But later, the Police Officer who kept blind eye and not ordered police to protect Christian life and property from attack of Muslim mob was promoted and posted in Lahore by CM Mian Shahbaz Sharif to provide free hand to PML (N) Muslim voters to ransack Christian town. The police forced Christians of Christian Town Gojra to enter in compromise with culprits on threats of arrest under secret FIR of riots and life threats to those Christians who were witness in burning alive 8 Christians. Nazir Bhatti said that last week another couple is arrested in Gojra City on sending blasphemous SMS when Christians in Pakistan were organizing programs to mark 4th anniversary of Gojra carnage which have spread anger among millions of Christians. PCC Chief demanded release of report of Judicial Commission constituted after Muslim mob attack and to punish culprits involved in attack on Christian Town and burning alive 8 Christians.
Pakistan: Appointments of advisors and special assistants
The Sharif government met with its first reversal in facing the apex court regarding an unelected person's appointment to public office. Aviation Advisor to the Prime Minister, Shujat Azeem, threw in the towel before the court hearing a case related to delay in the construction of the new Benazir International Airport for Islamabad, saying he would tender his resignation. Several irregularities came to light during the hearing, including that the advisor happened to hold dual nationality of both Pakistan and Canada where he served as chief executive officer of the Royal Air Service - a ground handling company; and that during his earlier career as a Pakistan Air Force officer he was court-martialled four times. More relevant to the case before the court, Azeem has been accused of being a business partner of the main infrastructure contractor for the new airport, raising the conflict of interest question. The court has now asked for details of shareholders and directors of the Royal Airport Service from the Securities and Exchange Commission of Pakistan to establish whether or not Azeem and the airport infrastructure contractors were business partners.
Attorney General for Pakistan (AGP) Munir A Malik informed the court that Azeem got the appointment because the Prime Minister had so desired, and that none of the offences he was accused of in court martial proceedings involved moral turpitude. But that he does hold dual nationality - which disqualifies Pakistani nationals from becoming members of parliament, provincial assemblies or ministers. The case brings into sharp focus the issue of appointments of unelected persons as advisors and special assistants. Governments past and present, both at the Centre and in the provinces, have been making such appointments. Although, they are officially conferred the status of a minister, the criteria applicable to elected ministers do not apply to these people. The prime minister or the chief minister can assign these positions to anyone on the basis of personal preferences, without a formal institutional check on the antecedents and professional qualifications of the appointees.
It is about time a proper process is put in place to ascertain the suitability of unelected persons as advisors and special assistants. Guidance for the purpose can be taken from Britain's parliamentary democracy where unelected individuals having expertise in different areas are inducted as special assistants to aid and advise the government. All such political appointees are treated as 'temporary' civil servants, as against 'permanent' members of civil service as they come and go with change in governments. Their selection is regulated under Civil Service Order in Council, 1995. Some such regulatory system needs to be devised here too to ensure that all political appointees as advisors and special assistants meet the standards required of public office holders.
PML-N appoints matriculate loyalist against coveted PIA post
Pakistan Muslim League-Nawaz (PML-N) government has appointed Captain Humayun Jameel, a matriculate, as deputy managing director of PIA administration and operations. Appointment of Humayun, a captain of Boeing 777, against a coveted office raised many eyebrows in the PIA administration and aviation industry over the suitability of the person appointed as well as the legality of the appointment which is in violation of PIA’s rules and regulations. Interestingly, the notification of the appointment has been issued by the aviation secretary, who is not competent to make appointments, let alone making high-profile appointments. According to PIAC Act, “Power to make appointment rests with the chairman and board of governors exclusively”. Legally speaking, the aviation secretary cannot make any such appointment. Even the PIA board’s chairman is not at liberty to undertake such appointments. Per the rules, even an acting chairman, in the absence of a regular chairman cannot issue any such notification. Violation of rules does not end here in the induction of a PML-N loyalist. According to the laws governing the PIA, for all appointments in group-5 and above, the minimum qualification is graduation. Sources in the PIA said Captain Humayun was competent to handle the operations but as far as running and managing the administration was concerned he lacked requisite qualification as well as experience. Experts said the PPP had remained under fire for appointing unsuitable and unqualified people, such as Captain Haroon and Nadeem Yousafzai, against key offices. Because they were not competent, they could not contain the losses or turn PIA into a profitable and viable institution. They believed that in appointing Humayun, the PML-N government too is showing the same approach, that of pick and choose, thereby compromising on merit. In Prime Minister Nawaz Sharif’s previous administration when Shahid Khaqan Abbasi was the chairman of the PIA, Humayun was appointed general manager operations with officiating charge of director administration. - See more at: http://www.pakistantoday.com.pk/2013/08/01/news/national/pml-n-appoints-matriculate-loyalist-against-coveted-pia-post/#sthash.cHKG7C7y.dpuf
Pakistan: One more contempt notice
EDITORIAL : Daily TimesThe most powerful Supreme Court (SC) in the troubled institutional history of Pakistan chaired by Honourable Chief Justice of Pakistan (CJP) Iftikhar Mohammad Chaudhry is in the headlines once again, the consistency of which since the judiciary’s restoration is not just unusual in any democratic dispensation but also disturbing at myriad levels. The latest order issued by the august court is directed at Imran Khan, chairman Pakistan Tehreek-e-Insaaf (PTI), in the wake of his recent statements criticising the SC’s silence on the PTI’s petitions to order an investigation into the rigging allegations on four National Assembly (NA) constituencies in the May 11 elections. Khan has categorically accepted the mandate flowing from the elections, but his insistence on checking certain irregularities remains unaltered despite the Election Commission of Pakistan’s (ECP) inaction. Khan has been accused of scandalising the court and attempting to bring the judges of the SC into hatred, ridicule or contempt. He has been issued notice to appear before the SC today to explain why he should not be tried under Article 204 of the constitution and Section 3 of the Contempt of Court Ordinance, 2003. While Khan’s selection of words to voice his displeasure vis-à-vis the silence of the ECP and SC on his plea to look into election irregularities in four NA constituencies may have strayed into immoderation, it is imperative that the issue be dealt with with wisdom and restraint. With its judicial activism being welcomed by some, the SC, notwithstanding its good intent, seems to have inadvertently entangled the Court in too many decisions that should have remained the domain of other institutions or the lower courts. As is the practice in all well-established democracies, where the courts have proven records of fair play and unbiased proceedings — a system evolved over time — the overuse of certain processes can turn negative. The flurry of suo motu and contempt notices on the part of the SC has given birth to many controversial decisions, indirectly undermining the respect and dignity of the judiciary that is its due. The SC would perhaps have been better served by calling Khan to hear his point of view and issue an admonition regarding his choice of words and tone, instead of what has increasingly begun to look like a too ready recourse to the contempt provisions. It is the right of every citizen of Pakistan to be heard by the courts if a plea has been registered. The situation has almost reached a point where all dissenting voices, even moderately worded, are looked at as a sign of disrespect to the SC, and the power of the SC to ‘stop’ the opposing narrative through its frequent suo motu and contempt notices runs the risk of negatively affecting the standing of the judiciary. Perhaps it is time for the judiciary to journey back in the direction of judicial restraint in order to restore its respect and dignity without question or quibble.
Pakistan: More controversy: CECs resignation
PPP offers legal aid to Imran
PPP Secretary-General Sardar Latif Khosa has said his party is ready to provide legal aid to PTI chairman Imran Khan in the contempt case. “Issuance of contempt notice to Imran Khan is tantamount to silencing parliamentarians. To criticise court decisions is the right of every public representative,” Mr Khosa said at a press conference here on Thursday. He said the PPP supported a resolution of the Lahore High Court Bar Association, demanding presidential reference against Chief Justice Iftikhar Chaudhry, Justice Jawad S. Khwaja and Justice Sheikh Azmat Saeed for their alleged violation of the Constitution in their judgment on the election of the president. He said even a civil judge did not give a verdict without hearing both parties to a case. The former governor said the 18-month extension to the CJP could not be granted as an amendment was required in the constitution for the purpose. He said Fakhruddin G. Ebrahim should now tell the people of the country who had pressured the Election Commission of Pakistan to ensure the victory of the PML-N. He said other members on the ECP should also resign. Mr Khosa criticised Prime Minister Nawaz Sharif for “gifting” important posts like that of president of the country and Punjab governor to his favourites. “Mr Sharif is trying to impose dictatorship on the people but his dream of becoming Amirul Momineen will not materialise,” he said.Tehrik-e-Insaf chairman Imran Khan has refused to tender an apology in the contempt of court case, DawnNews reported. “I am ready to go to the jail but I will not apologise,” khan said. Khan has said that he will not back down from his stance till his last breath and will not apologise even if he is declared ‘ineligible’ and sent to jail. He said that the Supreme Court made a big mistake by taking notice of ‘contempt of court’. “If the need arises, I will take up Aitzaz Ahsan’s offer,” he commented. He further said that Chief Justice Iftikhar Chaudhry had become controversial after the Arsalan Ifitikhar case. The Supreme Court, in the notice issued to the Pakistan Tehrik-i-Insaf (PTI) chief, has said that Khan apparently had tried to incite hatred against the apex court in one of his interactions with the media. A three-judge bench of the Supreme Court, headed by Chief Justice Iftikhar Muhammad Chaudhry, will hear the case on Friday.
Imran braces for court appearance
Thursday, August 1, 2013
Obama's trump card on immigration
By Nelson Peacock
The president can push ahead on reform without Congress.President Obama is tantalizingly close to passing comprehensive immigration reform, a legacy achievement. The Senate has provided a bipartisan bill, and the House is working on reform. The key issues are border security and a legal pathway to citizenship for the estimated 11 million who are here illegally. The political reasons for the House to negotiate a deal are many. A recent Gallup poll showed that 87% of Americans support comprehensive reform that includes a pathway to citizenship. Moreover, growing numbers of Latino voters in key states turned out in historic numbers for Obama in last year's election, which strongly suggests that, in the long run, Republicans need to address this constituency or continue to lose votes. However, Speaker John A. Boehner, the Republican's point man in the House, doesn't have the luxury of operating in the long term. The conservative bloc of House Republicans is digging in against reform that includes a pathway to citizenship, and with what promises to be a bloody spending fight with Democrats looming, the speaker needs to strengthen his position with his conference. It's no wonder the speaker has instructed his committee chairmen to send up smaller, incremental bills for consideration, with a final decision on the path forward to come this fall. Regardless of what Boehner and the committee chairmen come up with, most of the millions of unauthorized immigrants here now will almost surely stay because it is expensive and time-consuming to deport them. The immigration enforcement system is currently funded to deport roughly 400,000 immigrants a year, funding that's unlikely to increase in difficult budgetary times, and it can take years to get many cases in front of immigration judges. In part for those reasons, the Department of Homeland Security does not treat all deportations equally. In recent years, the agency has expanded its use of prosecutorial discretion in immigration enforcement, focusing on recent border crossings and public safety threats. Today, deportations of immigrants with strong connections to the U.S. are unlikely. Indeed, prosecutorial discretion is a guiding principle of this administration's immigration enforcement policy. With it, the administration has moved immigration enforcement from an ad hoc system in which individuals are removed indiscriminately to one that prioritizes criminals, recent border crossers and fugitives. In 2012, 96% of all removals were based on these priorities. Opponents of the policy call it amnesty, but with limited resources, it's obvious why an agency charged with protecting the homeland is focusing its deportation efforts on national security and public safety. For Obama, expanding prosecutorial discretion in deportations has been good policy and politics. It might just be the trump card he needs to bring House Republicans to the negotiating table. Last summer, Department of Homeland Security Secretary Janet Napolitano announced the Deferred Action for Childhood Arrivals policy, which established the first program in which a subset of those here illegally could come forward and register with the government. If you were brought here as a child, are currently in school or the military and have no criminal record, you can get protection from deportation and you can petition for work authorization. This program, aimed at so-called Dreamers, triggered a wave of enthusiasm in the Latino community, and many political analysts believe it helped the president weather 50% disapproval ratings last summer and win a historic 75% of the Latino vote in November. Nearly 520,000 people have received relief under this program since it was announced. Now the president should turn again to this playbook and expand the program to other sympathetic categories of immigrants, such as those with a longtime presence in the United States or those with U.S.-citizen family members. The legal parameters and operational protocols have been established, and because this program, like the original Deferred Action program, would be funded from immigrants' fees, it would not require a congressional appropriation. An expanded Deferred Action program could be up and running within weeks. Of course, those committed to defeating reform would trot out the tired criticism that the president doesn't enforce the laws on the books. They conveniently forget that both parties share the blame for the current system, and they ignore the record-low estimates of border crossing attempts and the record-high number of deportations. (A recent Pew Hispanic Center analysis found net migration from Mexico has fallen to zero in recent years.) Nothing the administration does would change their minds. It is a near-certainty that expansion of prosecutorial discretion will occur if the House defeats all reform efforts or the House and Senate can't reach an agreement. Perhaps the president can force negotiations by reminding critics that, in the absence of real reform, a president — any party's president — still has to govern. For Boehner and the House GOP, the alternative to negotiating would be expanding "amnesty" without any of the security and business enhancements that the Republicans want and the nation desperately needs. If the president acts boldly, he might be able to wrest a bill from Congress that could establish his legacy and, more important, secure the real immigration policy changes this country needs.
Nelson Peacock is a vice president with Cornerstone Government Affairs in Washington and the former assistant secretary for legislative affairs at the Department of Homeland Security.
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Saudi Arabia’s Latest Savagery
Islamic authorities sentenced a Liberal journalist to 600 lashes and seven years in prison, after he questioned the role of religion. David Keyes reports on the latest outrage in the Kingdom.On July 29, Raif Badawi, founder of the Free Saudi Liberals website, was sentenced to 600 lashes and seven years in prison. His crime? Insulting Islam, speaking ill of Saudi Arabia’s religious police and, most puzzling of all, “parental disobedience.” Badawi is a 30-year-old man. Can an adult be imprisoned for disobeying his father? In Saudi Arabia, where all citizens are treated as children, the answer to that question is ‘yes.’ The Saudi dictatorship doesn’t trust its citizens to speak their mind, and so impose paternalistic and draconian laws to keep in check those who might think differently. Women in particular are infantilized, and their ability to move around, unaccompanied by a male guardian, is severely restricted. Women are banned from driving. They cannot go to coffee shops or restaurants alone. And according to Saudi law, a woman cannot decide for herself to go on religious pilgrimage. She must have a man’s approval and be accompanied by her guardian. Saudi Arabia is considered a close U.S. ally. Yet every few weeks a case like Badawi’s reminds us that despite a massive PR effort, the Kingdom remains a vicious tyranny that will lock you away for speaking openly about politics or religion.In June, seven men were convicted and sentenced to prison terms up to ten years for writing posts on Facebook about political protests. The men were held in prison for a year and a half before they were even charged and tried, according to international human rights organizations. Also in June, two prominent women’s rights activists, Wajeha al Huweidar and Fawzia Al-Oyouni, were convicted and sentenced to a ten-month prison term on charges of inciting separation between a husband and a wife. Reportedly, they had tried to help a Quebec woman escape her abusive husband and bring her to the Canadian embassy in Riyadh. In fact, the Saudi government had been consistently harassing these women and used these trumped up charges to finally silence them. And the list goes on. The 23-year-old poet and writer Hamza Kashgari, who was accused of insulting the prophet Muhammed after he tweeted three short messages on twitter describing an imagined meeting with the prophet, has spent almost a year and a half in prison, and his fate is still uncertain. Khaled al Johani, a teacher in Riyadh, was thrown in prison in 2011 after he gave an interview to the BBC, calling for democracy in Saudi Arabia. He was released last year. Since its creation in 1932, Saudi Arabia has been ruled by the male descendants of the kingdom’s eponymous founder, Ibn Saud. The current ruler, King Abdullah, has been lauded in recent years for taking steps toward reform such as the inauguration in 2009 of the King Abdullah Science and Technology University where men and women can study together - a first in the kingdom. And last year in Vienna, he opened the King Abdullah bin Abdulaziz International Centre for Interreligious and Intercultural Dialogue – a center supposedly aimed at promoting comity and respect between religions. But if the Saudi king was really interested in dialogue and respect, he might have started in his own theocratic, gender-apartheid dictatorship. Why did he need to fund a $20 million a year center in Austria when his own country bans Christians from importing Bibles and building houses of worship? Why, indeed, did he need to fly to Europe for such ceremonial ribbon-cutting when in his own country he could have stopped the beheading of Abdul Hamid Al Fakki and Amina bint Nasser for “witchcraft”? If he cared about respecting people of other faiths, how about letting non-Muslims step foot in the city of Mecca where they are banned? Or not arresting people for celebrating Christmas? Why not stop the printing of Saudi textbooks that call Jews and Christians “apes and pigs”? Let’s be clear. Saudi Arabia is still a brutal dictatorship that harasses and imprisons liberals, democrats, activists, bloggers and journalists. It’s a place where women don’t have freedom of movement or access to the same services as men. The guardianship system ensures that women are treated as children who needs a man’s permission to do anything of consequence. We look away because Saudi Arabia buys Western arms and sells oil at a steady price. It may seem like a good, stable arrangement. But it’s a devil’s bargain and lurking beneath the surface are deeper trends--the same ones that led to chaos and collapse in Egypt, Tunisia, Yemen, Libya and Syria in the past two years alone. Betting on Saudi stability is a crucial mistake. Activists such as Badawi are silenced in order to sow fear among others who might dare to challenge the dictatorship. This week, by imprisoning the young campaigner, the Saudi government proved, yet again, that it cannot tolerate those who think differently. A government that treats its people with such contempt deserves respect from no one. And rather than maintain the cozy diplomatic relations with this tyranny, the West should apply massive pressure to get Badawi and other political prisoners released. Saudi Arabia remains a barbaric dictatorship. It’s time the West start treating it as such.
Bahrain: Parliament Moves to Curtail Basic Rights
The Bahrain parliament’s call at an extraordinary meeting on July 28, 2013, to impose a series of emergency measures will severely restrict basic rights. The action would give the authorities excessive powers to act arbitrarily to restrict such rights as freedom of assembly and speech.
Interior Minister Rashid bin Abdulla al-Khalifa said the meeting was convened “to toughen legal penalties with respect to the protection of community from terrorism acts.” On July 29, King Hamad instructed the prime minister to codify the recommendations into law as soon as possible. Antigovernment groups told Human Rights Watch that the government is exaggerating the threat of terrorist activity to justify a renewed crackdown in advance of protest demonstrations set for August 14.
“Bahrain has spent the last two years cracking down on peaceful protest, violating people’s rights from start to finish,” said Nadim Houry, deputy Middle East director. “Now it’s planning a whole new set of draconian restrictions, effectively creating a new state of emergency, even while peaceful protesters from the last round are sitting in prison with long sentences.”
The parliament specifically set out 22 recommendations calling for new restrictions on freedom of expression, and an indefinite ban on all public gatherings in the capital, Manama. It also called for the authorities to revoke the citizenship of Bahrainis who have been convicted of terrorist offenses, and proposed declaring a “state of national safety” in order “to impose civic security and peace.”
Bahrain’s government previously declared a National Safety Law on March 15, 2011, one month after large scale antigovernment protests began on February 14. The emergency law provided for the institution of national safety courts, which Human Rights Watch found repeatedly failed to respect and protect basic fair trial rights. The National Safety Law also granted wide ranging authority to the commander-in-chief of the Bahrain Defense Force to issue regulations governing all manner of conduct and to enforce those regulations as well as existing laws. The emergency law ended on June 1, 2011.
The parliament’s “Recommendation 2” called for the authorities to revoke the citizenship “of those who carry out terrorist crimes and their instigators,” raising the prospect that Bahrainis opposed to the government will be arbitrarily deprived of their citizenship rights after unfair trials on terrorism charges.
The parliament’s recommendations, when codified into law, will suspend the right to free assembly indefinitely in Manama and may severely curtail free speech. “Recommendation 6” calls for the prohibition of all “sit-ins, rallies, and gatherings in the capital, Manama.” “Recommendation 16,” although vaguely worded, says that government measures should affect “basic liberties, particularly freedom of opinion, […] so as to strike a balance between law enforcement and human rights protection.”
“The parallels with the 2011 protests and the government’s heavy-handed response then are of the utmost concern,” Houry said. “Clamping down further on people who have legitimate grievances will only fuel discontent and escalate an already tense situation.”
Fifty people are currently on trial accused of “illegally establishing and managing” the 14th February Group – an informal loose-knit group whom authorities have linked to acts of violence – andof “engaging in violence against the persons and assets of state security” or “participation” in the group.
Thirteen of the 50 are in custody. According to court documents obtained by Human Rights Watch, the others have either left the country or have not been apprehended. The documents say that nine of the 13 have either “confessed” to charges or “confirmed” allegations put to them in police questioning during their pretrial detention.
They include Naji Fateel, the alleged leader and founder of the 14th February Group. Fateel alleges that police tortured him in detention following his arrest on May 2, 2013, and that he signed a “confession” rather than endure further torture.
In July 2008, a Bahrain court convicted him of destroying police property and stealing a weapon after a trial that Human Rights Watch found was “tainted with abuse.” He was sentenced to five years in prison, though he was released after nine months.
On July 23, 2013, local media reported that another of the defendants, Ali Mohammed Ashoor, belongs to “an extremist group” known as the al-Ashtar Brigades that allegedly claimed responsibility for planting a car bomb that exploded near a Sunni mosque in the suburb of Riffa on July 17. No one was killed or injured in the explosion.
Revoking citizenship on the basis of unfair trial convictions would violate the rights of Bahraini nationals under international law. Article 15 of the Universal Declaration of Human Rights, which is considered reflective of customary international law, states that, “Everyone has the right to a nationality,” and, “No one shall be arbitrarily deprived of his nationality.” Unlawful deportations would also violate other rights, such as the right not to be subjected to arbitrary interference with family life under article 17 of the International Covenant on Civil and Political Rights, to which Bahrain is a party.
The International Covenant on Civil and Political Rights, which Bahrain ratified in 2006, permits some restrictions on certain rights during an officially proclaimed public emergency that “threatens the life of the nation.” It requires countries to publicly declare a state of emergency and to ensure that any suspensions or limitations of rights are temporary and strictly required by the exigencies of the situation. Although Bahrain has faced sustained domestic unrest, it is questionable whether this amounts to an emergency threatening the life of the nation, Human Rights Watch said.
It also appears that the measures approved by the parliament are neither appropriate nor proportionate, particularly as they would appear to virtually end any opportunity to exercise the right to peaceful assembly. Moreover, recent history suggests that any declaration of a National Safety Law will open the way for a new government crackdown in which citizens who oppose the government will face severe penalties for exercising their rights to free assembly and expression.
The national safety courts created under the 2011 law flouted basic requirements of international human rights law, as well as many provisions of Bahraini criminal law. As Human Rights Watch documented, the courts demonstrated a lack of competence, impartiality, and independence, and they served primarily as a vehicle to convict defendants of alleged crimes stemming from the exercise of fundamental rights of freedom of expression, association, and assembly.
Under international law, countries may not invoke a public emergency to permit arbitrary deprivations of liberty or unacknowledged detentions, nor may they deviate from fundamental principles of fair trial, including the presumption of innocence. People held as administrative detainees under a lawful state of emergency should, at a minimum, have the right to be brought before a judicial authority promptly after arrest, be informed of the reasons for detention, and have immediate access to legal counsel and family. They also should be allowed to challenge the lawfulness of their detention in a fair hearing, and to seek a remedy for mistreatment and arbitrary detention. Certain fundamental rights – such as the right to life, the right to be secure from torture and other cruel, inhuman, or degrading treatment or punishment – must always be respected, even during a public emergency.
“The government has talked a lot about the need for national reconciliation but, once again, its actions in taking on a raft of stern new measures to suppress legitimate protest is undermining any prospects for successful dialogue,” Houry said.
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